H.L.ANAND, S.S.CHADHA, V.S.DESHPANDE
GIRDHARI LAL GUPTA – Appellant
Versus
K. GIAN CHAND JAIN AND CO – Respondent
( 1 ) (FOR self and on behalf of S S. Chadha J. ).-These two appeals against the order of a learned single Judge holding that the High Court of Delhi has jurisdiction to entertain the applications made by the respondents under s. 51-A of the Designs Act, 1911 (as amended) (hereinafter REFERRED TO to as the Act), have been REFERRED TO to the Full Bench for a fuller consideration, of this important question of jurisdiction than it received in the order of the learned single Judge under appeal or in the judicial decisions relied upon and followed by the learned single Judge.
( 2 ) THE respondents in these two appeals each filed a petition under section 51-A of the Act on the following averments supplemented by oral arguments :-
A. Both the respondents and the appellant are carrying on the same trade at Delhi.
B. The appellant has got two designs 131357 and 131364 registered in the Register of Designs maintained under section 46 of the Act.
C. These designs had, however, been published in India in respect of laces prior to the date of registration, secured by appellant.
D. The trade of the respondents in Delhi is hampered by the trade of the appellant in the,same good
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